This contribution considers how the delicate balance between human rights and national security should be drawn in the age of global terrorism. From the vantage point of the Belmarsh case, it analyses the burden of the courts, on the one hand, to respect the executive's duty to frame legislation which protects citizens and, on the other, to subject such legislation to appropriate scrutiny. Thereafter the legislation adopted by Parliament to combat terrorism is dealt with. Lastly, the position in some other jurisdictions is summarized and the conclusion is drawn that the courts should be mindful of the fact that the principles applied in emergencies might in future also be applied in normal circumstances; and that, therefore, proportionality is a key concept in finding the right balance between liberty and security.

This article traces the often unnoticed changes that the concept of 'wrongfulness' has undergone in the South African law of delict since the middle of the last century. It explains the different roles played by wrongfulness in, on the one hand, cases concerning physical harm caused by a positive act (where it is assumed to be present, barring proof of one of the defences which typically excludes it) and, on the other hand, in cases involving pure economic loss or harm caused by an omission (where it is not assumed, but acts as a control mechanism in regard to when delictual liability should be imposed). It also shows how the concept of wrongfulness should be distinguished from that of negligence and concludes that wrongfulness in the context of negligently caused harm is nothing more than a duty not to be negligent.

South Africa has eleven official languages and yet only two of them (ie English and Afrikaans) are languages of record for the purpose of judicial proceedings. Given the fact that the Constitution recognizes nine other so-called indigenous languages, it becomes necessary to consider the status that these languages enjoy in the courts. This contribution examines this issue, as well as the logistical difficulties that would arise with eleven different languages of record, as well as the impact of language usage on the right to a fair trial.

This article deals with the difficulties that arise when a minor is designated as the payee of a cheque. The main issue is whether a minor falls within the ambit of the phrase 'a person not having capacity to contract' in s 5(3) of the Bills of Exchange Act 34 of 1964. In order to arrive at a conclusion, the authors draw a distinction between the position where a minor below the age of 7 years (infans) is the designated payee and the position where a minor who has reached the age of 7 is the designated payee. In respect of a minor over the age of 7 years a further distinction is drawn between a minor's capacity to enter into a contract that confers only rights on him or her and a contract that imposes obligations on the minor. The effect of a minor's emancipation is also discussed. The authors point out that it is not clear whether the phrase 'not having capacity to contract' refers only to having no capacity to contract at all - as is the case with an infans - or whether it extends to not having full capacity to contract - as is the case in respect of a minor over the age of 7 who enters into a contract that imposes obligations on him or her. The authors analyse the relevant legal principles and offer their conclusions on the matter. They also set out the implications for collecting banks.

This contribution considers the mechanism of lists of prohibited and suspect terms ('black lists' and 'grey lists') in unfair contract terms legislation from a comparative perspective. It sets out the arguments in favour of the use of black and grey lists and considers and rejects criticism against their use. A comparative study leads to identification of general principles relevant to the drafting of lists. Some of the questions discussed are whether lists should be confined to consumer contracts and non-negotiated terms and whether and how a grey list should affect the burden of proof, on both of which international practice diverges. Finally, fourteen categories of terms which are commonly listed in various countries' legislation are identified and discussed.

HIV preventive research using minors as participants is important and necessary in the South African context. However, whether the law permits minors to consent independently to research participation is unclear. This article asserts a weakness in the law regarding the protection of minors. Current policy of ethics committees to expend with the requirement of parental permission in the informed consent process flows from the lack of clarity in the law as well as a conflation of the requirements for consent to medical treatment with those for research participation. Key differences between treatment and research require careful consideration of the implications of permitting independent consent by minors. A failure to give sufficient attention to these differences exposes minors to inadequate protection where health-care research is concerned, especially that which is aimed at preventing the spread of HIV. This article examines the legal and ethical framework for health care research and minors, the complex issues that are involved, especially whether parental permission is expendable in light of the requirements of international instruments, national law and ethics guidelines. The article proposes that parental or guardian involvement is necessary in order properly to respect the rights of minors and their families and should be waived only in circumstances where all relevant circumstances have been properly canvassed and considered.

Castell v de Greef, decided over a decade ago, remains the definitive ruling on the standard of disclosure required for informed consent to a surgical procedure. The subsequent adoption of the Constitution and entrenchment of the rights to dignity and bodily integrity highlight that South African society is currently founded on the underlying values of individual autonomy and self-determination. Although these values were considered in the case, this was not done in light of the constitutional imperative to develop the common law. The paper analyses the current position in South Africa regarding informed consent and, by drawing on decisions of other common law jurisdictions, sets out how matters such as these might be answered in the future. Examining the recent trends in this area of the law both abroad and in South Africa, it concludes that the South African courts should re-examine and develop the current standard of disclosure in order truly to embrace patient autonomy, reflect international trends and to give effect to constitutional values.